Law for Business Students

Contents Preface Table of cases Table of legislation 1 Getting started: an introduction to studying law Introduction What is law? The characteristics of English law Why do we need law? The differences between criminal and civil law Changing the law Essential legal terms Introductory study tips Quiz 1 2 Resolving legal disputes Introduction The court and tribunal system Bringing a case in the civil courts The Woolf reforms 1999 Settlement out of court Payment into court and offers to settle Civil litigation procedures The trial of the case Executing the judgment Alternative dispute resolution (ADR) Quiz 2 Assignment 1 3 How the law is made Introduction European law Parliament The courts The Human Rights Act 1998 Quiz 3 Assignment 2 4 The law of contract: offer and acceptance Introduction The essentials of a binding contract The offer The acceptance Quiz 4 Assignment 3 5 The law of contract: consideration, intention and privity Introduction Consideration Intention to create legal relations Privity of contract Quiz 5 Assignment 4 6 The terms of the contract Introduction Express and implied terms The relative importance of contractual terms Exclusion of liability Quiz 6 Assignment 5 7 Defects in the contract: misrepresentation, mistake, duress and undue influence Introduction Misrepresentation Mistake Duress and undue influence Quiz 7 Assignment 6 8 More defects: illegality and incapacity Introduction Illegality Contractual incapacity Quiz 8 Assignment 7 9 Discharge of the contract and remedies for breach Introduction Discharge of contracts Remedies for breach of contract Quiz 9 Assignment 8 10 Tort liability for defective goods Introduction Negligence liability The Consumer Protection Act 1987 (Part I) Quiz 10 Assignment 9 11 Tort liability for defective services Introduction Problematic duty situations Breach of duty Proving consequent damage The Human Rights Act 1998: an alternative to negligence claims? Quiz 11 Assignment 10 12 Tort liability for premises Introduction The occupier's liability to people on the premises Duties of an occupier to people outside the premises Defences in tort Vicarious liability Quiz 12 Assignment 11 13 The law of agency Introduction The creation of agency The rights and duties of the agent The rights and duties of the principal Termination of agency Some common types of specialist agents Quiz 15 Assignment 14 14 Sale of goods: the contract and its terms Introduction The sale of goods contract The terms implied by the Sale of Goods Act 1979 Implied conditions in other Acts Quiz 16 Assignment 15 15 Sale of goods: transfer of ownership, performance and remedies for breach of contract Introduction The statutory rules governing transfer of ownership from seller to buyer Transfer of title by non-owner The passage of risk Performance of the contract Remedies for breach of the sale of goods contract Quiz 17 Assignment 16 16 Rights at work: the contract of employment and health and safety at work Introduction The employment contract: a contract of service The law of tort: employers' civil liability for industrial injuries Criminal law regulation of safety in the workplace Quiz 18 Assignment 17 17 Rights at work: protection against discrimination Introduction The Equal Pay Act 1970 The Sex Discrimination Act 1975 The Race Relations Act 1976 The Disability Discrimination Act 1995 How well does the legislation work? Further development of anti-discrimination legislation Quiz 19 290 Assignment 18 290 18 Rights at work: protection against dismissal and redundancy Introduction Wrongful dismissal Unfair dismissal Redundancy Transfer of undertakings Quiz 20 Assignment 19 19 Business organisation Introduction Legal personalitration and limited liability The sole trader The partnership The registered company The impact of the Human Rights Act 1998 on business organisations 317 In conclusion Quiz 21 Assignment 20 20 Forming a registered company Introduction Promoters The registration process Buying a company 'off the shelf' Quiz 22 Assignment 21 21 Running the company: raising and maintaining capital Introduction Share capital Loan capital Quiz 23 Assignment 22 22 Daily management of the company: functions of directors, secretary and auditors Introduction The directors The company secretary The auditors of the company Insider dealing Quiz 24 Assignment 23 23 Company meetings and shareholder participation Introduction General meetings Protecting the rights of minority shareholders Conclusion: the future of company law Quiz 25 Assignment 24 24 Statutory intellectual property protection: copyright, designs, patents and trade marks Introduction Statutory regulation of intellectual property The impact of EC law and international treaties on intellectual property rights Quiz 26 Assignment 25 25 Common law protection of intellectual property: passing off, malicious falsehood and breach of confidence Introduction Passing off Malicious falsehood Breach of confidence Remedies for passing off, malicious falsehood and breach of confidence Quiz 27 Assignment 26 26 Study skills, and revision and examination hints Introduction Beginning to study Writing law assignments Revision and examination technique Appendix 1 Appendix 2 Appendix 3 Index